Tuesday, February 25, 2014

In Defense of the Defenseless

I am wary of inserting what I believe is a voice of reason regarding a crime so disruptive to all of our sense of well being and so violent and devastating. Yet I must. I understand the equity and justification of charging criminal accomplices under the felony-murder rule and pursuant to aiding and abetting principles for the heinous acts of their partners in crime, yet these laws have always struck me as being unjust and heavy handed in some situations. They are principles that should be applied with great restraint and exercised wisdom because there are circumstances when truly all parties to a crime, though technically culpable for acts of the group, are not justifiably guilty.

In this case seventeen year old Meagan Grunwald of Draper is being charged as an adult for the murder of Sgt. Cory Wride and the attempted murder of Deputy Greg Sherwood in Utah County. This is despite the fact that it was her 27 year old boy friend, Jose Angel Garcia-Juaregui, who welded the gun and shot these men.

The reason given is because Ms. Grunwald was allegedly an active participant in the murders. This is because she "already put her pickup truck into drive several minutes . . . waited until there was no traffic around" before her boyfriend shot the men and because she "stayed with [her boyfriend] when she had several chances to runaway."

This reminds me of another reluctantly famous Utah teen who probably had a more enriching family experience, greater intelligence and more sound foundation than Ms. Grunwald. Yet this famous Utahan also found it difficult to runaway from a brutal man when "she had several chances" to do so. It is also telling that Ms. Grunwald is pregnant with the murderer's child. She was therefore statutorily raped by him just as Elizabeth Smart was raped by her captor. What emotional turmoil and conflict did this cause Ms. Grunwald?

While I admittedly do not have all the details that may show greater culpability, I know as an attorney and a human being that has represented and talked to numerous women in such situations that it is most likely that this young woman was subjected to extreme coercion and duress.

Still let me hasten to say that I am very sorry for the two officers and their families and am angered at this horrendous crime against all of us. I just hope that if the facts so demonstrate that there might be room for the understanding and possibility that this teen may also be very much a victim of this brutal man and may also merit our compassion.

Loren M. Lambert © February 20, 2014

No comments: